SATYA NARAYAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. Yogesh Chandra Verma, learned Senior Counsel for the petitioners, Mr. Upendra Kumar, learned Senior Counsel for the Opposite Party No. 2 and Mr. Jharkhandi Upadhayay, learned counsel for the State.

(2.) THIS application has been filed on behalf of the petitioners seeking quashing of the order dated 7th November, 2007 passed by the learned Chief Judicial Magistrate, Khagaria whereby cognizance was taken under Sections 471 of the Indian Penal Code.

(3.) LEARNED counsel for the petitioners submitted that Section 471 of the Indian Penal Code provides for punishment to a person who fraudulently and dishonestly uses as genuine any document which he knows or has reasons to believe to be a fraudulent document. The essential ingredients of the offence, therefore, are the fraudulent or dishonest intention of the accused namely his knowledge about a particular document being forged but still using it as a genuine.